Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 27 disposal of property Court: rajasthan Page 1 of about 163 results (0.058 seconds)

Kamla Vs. Bhagirath

Court : Rajasthan

Reported in : I(1997)DMC344; 1996(1)WLN411

..... the appellant, petitioner wife in the matrimonial case has been granted divorce on her prayer by the learned district judge, ganganagar but she is still dissatisfied by the order under section 27 of the hindu marriage act, 1955 (for short 'the act' hereinafter), passed by the learned district judge as regards the disposal of the property of the couple while granting the decree of divorce. ..... is contended in this appeal on behalf of the appellant that such a narrow view could not be taken of the provisions of section 27 of the act and all the property which could come within the meaning of 'streedhan' could be directed to be disposed of by giving it to the wife under section 27 of the act.section 27 of the act reads as under :27. ..... learned judge took the view that under section 27 of the act, directions could be issued for the disposal of only such property which was given to the bride and the bridegroom as presents or gifts and which is the joint property of the husband and wife. ..... the result, i am not in a position to accept the contention of the appellant that provisions regarding properties which are not joint properties of husband and wife but are separate properties gifted to them at the time of the marriage or thereabout can be made under section 27 of the act. ..... on the plain reading the section empowers the court to make provisions in the decree with respect to any property presented at or about the time of marriage only if such property belongs jointly to both the husband and .....

Padmja Sharma Vs. Ratan Lal and anr.

Court : Rajasthan

Reported in : I(1994)DMC49

..... in a divorce petition filed by the petitioner under section 13 of the hindu marriage act, 1955 (hereinafter referred to as the '1955 act'). ..... it refers to section 27 of the 1955 act, which provides for disposal of property by the court as it deems just and proper with respect to any property presented at or about the time of marriage, which may belong jointly to both the husband and wife. ..... it may be said that applications can be moved under the hindu marriage act, under the guardianship and wards act, under maintenance and adoption act, under section 125 cr. p.c. ..... be said that the family court has reasons for not framing issue about the return of dowry articles and as seen above, this dispute about return of dowry articles cannot be decided in a proceeding under the hindu marriage act. ..... whatever may be nature of the proceedings, undoubtedly it will be tried by the family court but it cannot be decided alongwith any petition under tbe hindu marriage act. ..... it has further been observed that in proceedings under the hindu marriage act, orders for disposal of the property could be passed only in respect of property belonging jointly to both the husband and wife which is presented at or about the time of marriage and not to the stridhan or the dowry goods which belong to the bride alone hence, he refused to frame an issue as desired by the petitioner.learned counsel for the non-petitioner has raised an objection about the .....

Kishan Gopal Vs. Smt. Sarswati

Court : Rajasthan

Reported in : 1979WLN555

..... by the husband under section 28 of the hindu marriage act no. ..... . section 27 of the act lays down that with respect to any property presented at or about the time of marriage to both the husband & the wife jointly, on application under the act, the court may make provision for disposal of such property as ..... wife-fnukad 24& dks og vkrs gh eqwg qqyk;s gqos vksj mij tkrs gh [kwvh rkudj lks xbz fkhain rebuttal, the wife has stated that after the compromise -off the petition under section 9 of the act, she went to the house of her husband and reined there for four months, that the child born to her is that of the husband and that his face resembles to that of her ..... 176, their lordships of the supreme court observed as under,-it may be stated at the outset that the presumption which section 112 of the indian evidence act contemplates, is a conclusive presumption of law which can be displaced only by proof of the particular fact mentioned in the section, namely, non access between the parties to the marriage at a time when according to the ordinary course of nature the husband could have been the father of the child. ..... disclosed in the petition, is as follows-that the husband was married with the wife about ten years preceding the date of the filling of the petition (petition was filed on 1-7-1977) according to the hindu rites; that a girl was first born out of this wedlock that the husband reliably learnt that the wife was pregnant; that the husband and the wife had not shared common bed .....

Vinay Kumar Vs. Smt. Purnima Devi

Court : Rajasthan

Reported in : AIR1973Raj32; 1972()WLN698

..... i am confirmed in this by rule 801 (b) of the rajasthan high court rules made under the hindu marriage act, 1955. ..... this is a husband's appeal directed against an order of the learned district judge, jhunihunu, dated 22-12-1971 awarding pendente lite maintenance to the respondent wife under section 24 of the hindu marriage act, hereinafter to be referred as the 'act', during the trial of the application moved by the wife under section 10 of the act for judicial separation.2. ..... allowed the appeal and set aside the order of the subordinate judge and remanded the case with the direction that he shall afford an opportunity to the wife-applicant to take steps to conform to rule 13 of the hindu marriage and divorce rules, 1956 and thereafter he shall call upon the applicant to adduce such evidence as she may think fit and proper in support of her plea. ..... rule 13 of the hindu marriage and divorce rules, 1956 was relied ..... it provides that the application shall state the average monthly incomes of the petitioner and the respondent, the sources of these incomes, particulars of other movable and immovable property owned by them, the number of dependents on the petitioner and the respondent and the names and ages of such dependents. ..... therefore, an application under section 24 has to be disposed of by and large, by way of a summary proceeding and the court need not try the issue at any length ..... she averred in this application that she had no movable or immovable property and had no source of income. .....

Smt. Nidhi Dalela Vs. Deepak Dalela

Court : Rajasthan

Reported in : AIR2002Raj128; II(2002)DMC182; 2002(1)WLC737

..... 6, 1995 deepak filed a petition in the family court jaipur for the dissolution of his marriage with nidhi under section 13 of the hindu marriage act, 1955 (for short the act) on the ground of cruelty. ..... alternative plea under section 23 of the hindu marriage act 1955 was also averred by nidhi in the written ..... nidhi, the reasons of late filing of divorce petition were, none else but demonstratively establishing that after the death of arvind, his parents left jaipur for bombay, permanently after at once disposing their immovable properties at jaipur with the clear intention of depriving vandana the widow of arvind, of any share in it as per desire in the dying note of arvind dated may 3, 1984. ..... total evidence as discussed above and other facts and circumstances we are constrained to hold that nidhi after marriage, treated deepak with cruelty and she lived a life of adultery and the matter went so far that it is evident that marriage between the parties has irretrievably borken down and there are no chances of their living together. ..... section 13(1) (i) of the act provides that a marriage may be dissolved by a decree of divorce on a petition presented by either the husband or the wife on the ground that the other party after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or ..... deposed that after seeing the dead body of arvind he initiated proceedings under section 174 and got recorded tha statement of amrit lal yadav and vendana yadav .....

Nilisha Vs. Punit Kumar

Court : Rajasthan Jodhpur

..... the appellant-wife has filed an application (ia no.6326/2013) under section 24 of the hindu marriage act, 1955 ( the act of 1955 ) with the submissions that she is not having any source of income whereas the respondent is possessed of several properties and assets. ..... it is an admitted position that during the cours.of consideration of the original proceedings, an application under section 24 of the act of 1955 was allowed by the family court, rajsamand on 16.07.2012 while granting in all an amount of rs.5,000/- towards maintenance of the respondent-wife and the cma no.1330/2013 2 daughter of the parties. ..... case no.64/2012 whereby, the family court has allowed the petition filed by the respondent-husband; and has ordered dissolution of marriage between the parties by a decree of divorce. ..... the application (ia no.6326/2013) stands disposed of accordingly. .....

Bhanwar Lal Vs. Smt. Kamla Devi

Court : Rajasthan

Reported in : AIR1983Raj229; 1983()WLN322

..... this appeal has been filed against an order passed by the learned district judge, pali on an application under section 24 of the hindu marriage act, 1955 (hereinafter referred to as 'the act').2. ..... . 261):--'therefore, it is clear that an application under section 24 is to be disposed of during the pendency of the proceedings viz ..... the learned judge also took notice of the fact that throughout the proceedings at no point of time, notice of the application under section 24 of the act was ordered to be issued to the husband and even at the final stage when the judgment was delivered by the court dissolving the marriage between the parties, no objection was taken on behalf of the wife about the failure of the court to dispose of the application for interim maintenance. ..... . if the trial court adopts such an attitude which is unwarranted by law and has no legal sanction and proceeds to decide the main petition, deferring the disposal of the application under section 24 until the last moment, in my view even then the indigent wife could not be allowed to be deprived of her legitimate right of obtaining interim alimony and expenses of litigation, merely at the whim of the court or on account of the .....

Smt. Sunita Vs. Puneet Ram Chandani and ors.

Court : Rajasthan

Reported in : AIR2005Raj290

..... in this petition under section 11 of the hindu marriage act, the petitioner has submitted application under section 24 of the hindu marriage act claiming the interim maintenance and litigation expenses. ..... it is also submitted that the allegations levelled against the petitioner should not have been accepted and she should not have been denied the interim maintenance under section 24 of the hindu marriage act nor she can be denied the litigation expenses. ..... in view of the above, it will be appropriate for this court to set aside the order dated 27-1-2005 so that the application filed by the petitioner may be considered after filing the reply to the petition under section 11 of the hindu marriage act and both the parties be permitted to place on record the evidence, which they want to rely upon to satisfy the court about the validity (prima facie) of marriage between the parties.12. ..... the petitioner is aggrieved against the order dated 27-1-2005 by which the petitioner's application under section 24 of the hindu marriage act was dismissed by the trial court. ..... the application under section 11 of the hindu marriage act may be decided by the trial court after reply of the petitioner and after hearing both the parties and after considering all the material placed by both the parties. ..... if there is sufficient material available on record to demonstrate that the marriage is void then she cannot get any maintenance under section 24 of the hindu marriage act.10. .....

Rajesh Kumar Vs. Pushpa Soni

Court : Rajasthan

Reported in : RLW2007(4)Raj3058

..... briefly stated, the facts are that the husband filed a petition under section 13 of the hindu marriage act 1955 wherein it was alleged that the parties were married about 3-4 years back and soon after the marriage an abrupt change in the behavior of the wife was noticed which resulted in quarrel on petty matters amounting to cruelty ..... further pleaded that soon after, the wife left for her parents house alongwith her clothes and ornaments and she refused to return inspite of persistent efforts of the husband and as such petition under section 9 of the hindu marriage act was filed which however, was dismissed on account of his absence. ..... she also stated that the petitioner under section 9 of the hindu marriage act filed by the husband was settled for compromise wherein the husband had assured not to treat the wife in cruel manner and would desist from any demand of dowry and would not enter in second marriage driven out of the greed for dowry. ..... thereafter, the present petition under section 13 of the hindu marriage act was brought in the court on dated 6.6. ..... see no reason to dislodged the findings of the learned lower court with regard to the dismissal of the application of the appellant husband under section 13 of the hindu marriage act.6. ..... decree dated january 16, 2002 of the family court, kota whereby the suit instituted by the appellant (for short 'husband') was dismissed against the respondent (for short 'wife') for decree of divorce under section 13 of the hindu marriage act.2. .....

Hashish Sharma Vs. Sushma Sharma

Court : Rajasthan

Reported in : I(1996)DMC303

..... the marriages which are viodable have been provided in section 12 of the hindu marriage act, and one of the grounds on which a marriage can be annulled by a decree of nullity is that the marriage has not been consummated owing to the impotence of the respondent. ..... , if any, the income and other property of the applicant (the conduct of the parties and other circumstances of the case), it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable ..... act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property ..... that at the time of passing any decree or at any time subsequent thereto the court may make an order granting maintenance to the wife or to the husband after fixing a sum payable, having regard to the income and property of the parties. .....